Sec. 50331. PROVIDING FLEXIBILITY FOR BENEFICIARIES TO BE PART OF AN ACCOUNTABLE CARE ORGANIZATION
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## SEC. 50331 PROVIDING FLEXIBILITY FOR BENEFICIARIES TO BE PART OF AN ACCOUNTABLE CARE ORGANIZATION Section 1899(c) of the Social Security Act (42 U.S.C. 1395jjj(c)) is amended— ####
(1)by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and indenting appropriately; ####
(2)by striking “ ACOs.—The Secretary ” and inserting > “ACOs.— > > > #### “(1) In general > > Subject to paragraph (2), the Secretary” > ; and ####
(3)by adding at the end the following new paragraph: > > #### “(2) Providing flexibility > > > ##### “(A) Choice of prospective assignment > > For each agreement period (effective for agreements entered into or renewed on or after January 1, 2020), in the case where an ACO established under the program is in a Track that provides for the retrospective assignment of Medicare fee-for-service beneficiaries to the ACO, the Secretary shall permit the ACO to choose to have Medicare fee-for-service beneficiaries assigned prospectively, rather than retrospectively, to the ACO for an agreement period. > > > ##### “(B) Assignment based on voluntary identification by medicare fee-for-service beneficiaries > > > ###### “(i) In general > > For performance year 2018 and each subsequent performance year, if a system is available for electronic designation, the Secretary shall permit a Medicare fee-for-service beneficiary to voluntarily identify an ACO professional as the primary care provider of the beneficiary for purposes of assigning such beneficiary to an ACO, as determined by the Secretary. > > > ###### “(ii) Notification process > > The Secretary shall establish a process under which a Medicare fee-for-service beneficiary is— > > > ###### “(I) > > notified of their ability to make an identification described in clause (i); and > > > ###### “(II) > > informed of the process by which they may make and change such identification. > > > ###### “(iii) Superseding claims-based assignment > > A voluntary identification by a Medicare fee-for-service beneficiary under this subparagraph shall supersede any claims-based assignment otherwise determined by the Secretary.” > . ## Subtitle E Empowering Individuals and Caregivers in Care Delivery
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Sec. 50331
PROVIDING FLEXIBILITY FOR BENEFICIARIES TO BE PART OF AN ACCOUNTABLE CARE ORGANIZATION
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